도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 7, 2019, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court, and on July 5, 2019, the same court received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving).
On June 18, 2019, around 02:43, the Defendant driven a ES6-car without a driver’s license, while under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.220% from the 100-meter section to the front road of the same apartment Dadong.
As a result, the suspect has violated the prohibition of drunk driving more than twice and has driven a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition of drunk driving.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement;
1. The actual survey report and the accident site photograph;
1. Registers of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of a copy of a summary order), and application of statutes governing the summary order;
1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant was punished for drunk driving even before.
In particular, the Defendant committed the instant crime committed on December 5, 2018 and April 22, 2019, where the Defendant was found to have been found to have driven under the influence of alcohol or under the influence of alcohol without a license for driving under the influence of alcohol or without a license for driving under the influence of alcohol on June 18, 2019.
The defendant was divingd in a vehicle that turned on by the Dong, and the driver was able to sleep.